CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting October 02, 1975 10:00 Α.Μ.' : Council Chambers 301 West Second Street 1 4 The meeting was called to order with Mayor Pro Tem Snell presiding. Mayor Friedman would be present later in the meeting. Present: Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell Absent: Mayor Friedman : The Invocation was delivered by MR. FRANK YATES. LEGAL SECRETARIES' WEEK Councilmember Linn read and then presented a proclamation to Mary Potvin proclaiming the second week in' October as "Legal Secretaries' Week" and urged all legal secretaries to avail themselves of this opportunity to learn more about their profession, and that October 8, 1975, be designated as Day-In-Court for Legal Secretaries. PTA MEMBERSHIP WEEK Mayor Pro Tem Snell read and then presented a proclamation to Phyllis Nugent and Billie Chambers proclaiming the week of October 6-12, 1975, as "PTA Membership Week" and urged all parents to cooperate with local schools and the Parent Teacher Associations of Austin in the promotion of better understanding and cooperation. Ms. Billie Chambers thanked the Council for the proclamation and urged all parents to become a part of the PTA and help them in helping the children. 34 ビ _ CITY OF AUSTIN, TEXAS October 2, 1975 1030 APPROVAL OF MINUTES Councilmember Linn moved that the Council approve the Minutes for September 25, 1975. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Noes: Lebermann, Linn, Trevino None Absent: Mayor Friedman ZONING HEARINGS Mayor Pro Tem Snell announced that the Council would hear the zoning cases scheduled for 10:00 a.m. for public hearing at this time. Pursuant to published notice thereof, the following zoning applications were publicly heard: Zoning Postponed Councilmember Linn moved that the Council approve a request to postpone the following zoning application: ΑΝΤΟΝΙΟ E. and BEATRICE B. SALAZAR By Adrian Μ. Overstreet, Jr. C14-75-083 vote: 3303 Govalle Street From "A" Residence 1st Height and Area Το "GR" General Retail 1st Height and Area RECOMMENDED by the Planning Commission subject to a restrictive covenant providing for a rollback to "A" Residence 1st Height and Area in the event Mr. Salazar ceases operation of an auto repair garage; and subject to sign and street parking prohibitions The motion, seconded by Councilmember Trevino, carried by the following Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman October 2, 1975 1031 CITY OF AUSTIN, TEXAS Zoning Postponed Councilmember Linn moved that the Council approve a request to postpone the following zoning temporarily: CARL WOOTTEN By Wroe Owens C14-74-007 Lakeshore Drive, Westlake Drive and Lake Austin From Intem "A" Residence 1st Height and Area Το 124 attached and detached single-family dwelling units with common open space and recreation area called "Harbor Village," a Planned Unit Development. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman Mr. Jim Brady, representing Mr. Carl Wootten, was present to request the temporary postponement as outlined in his letter. Zoning Withdrawn Councilmember Linn moved that the Council grant the request to withdraw the following zoning application: JOE M. MILICIA By Adrian M. Overstreet, Jr. C14-75-091 1623 Willow Street Also bounded by Chalmers Street From "A" Residence 1st Height and Area Το "GR" General Retail 1st Height and Area RECOMMENDED by the Planning Commission CITY OF AUSTIN. TEXAS October 2, 1975 1032 The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman Councilmember Trevino pointed out that a letter had been received from an attorney concerning the case. Mr. Lillie noted that the Building Inspection Department had determined that the use would be non-conforming and Mr. Milicia could continue to operate without the zoning change and this was the reason for the letter. Councilmember Trevino announced that the case could be withdrawn. POSTPONEMENT Mayor Pro Tem Snell stated that he would like to postpone until the afternoon session the acquisition of certain land for MoPac Expressway and the authorizing of the one-way streets. Councilmember Himmelblau moyed that the Council postpone the afore mentioned items until the afternoon session. The motion, seconded by Councilmember Trevino, carried by the following yote: Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Noes: Trevino, Mayor Pro Tem Snell None Absent: Mayor Friedman ZONING HEARINGS RANDOLPH G. MUELLER C14-75-084 802 Rio Grande Street From "B" Residence 2nd Height and Area To "O" Office 2nd Height and Area RECOMMENDED by the Planning Commission Councilmember Linn moved that the Council grant "0" Office, 2nd Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell, Councilmember Himmelblau Noes: None Absent: Mayor Friedman The Mayor Pro Tem announced that the change had been granted to "0" Office, 2nd Height and Area District, and the City Attorney was instructed to draw the necessary ordinance to cover. --------- LENORE JOHNSON ESTATE & MRS. FLORENCE J. JARMON By Marjorie Ogle C14-75-088 CITY OF AUSTIN, TEXAS October 2, 1975 1012 Rio Grande Street From "B" Residence 701 West 11th Street 2nd Height and Area To "0" Office 1033 1st Height and Area RECOMMENDED by the Planning Commission Councilmember Himmelblau moved that the Council grant "0" Office, lst Height and Area District, as recommended by the Planning Commission. The motion, seconded by Councilmember Linn, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None Absent: Mayor Friedman The Mayor announced that the change had been granted to "0" Office, 1st Height and Area District, and the City Attorney was instructed to draw the necessary ordinance to cover. Zonings Postponed Until Afternoon AUSTIN PAPER COMPANY C14-75-092 8600-8700 Balcones From Interim "A" Residence Drive 1st Height and Area 1st Height and Area To "GR" General Retail RECOMMENDED by the Planning Commission Councilmember Himmelblau suggested that no more zoning be considered in this area at this time until a decision has been made concerning the frontage road or if Balcones will be widened. Councilmember Himmelblau moved that the Council postpone the aforementioned zoning case until the afternoon session. Councilmember Linn, carried by the following vote: The motion, seconded by Ayes: Councilmembers Linn, Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann Noes: None Absent: Mayor Friedman RUBEN H. JOHNSON By Tom Curtis C14-75-085 601-607 West 15th Street, also From "0" Office 2nd Height and Area bounded by Nueces Street Το "LR" Local Retail 2nd Height and Area RECOMMENDED subject to restricting the zoning to the use and design as shown on the plans submitted by the applicant and which are on file with the City of Austin Planning Department. ! 1 _ CITY OF AUSTIN, TEXAS October 2, 1975 1034 Mr. Tom Curtis, representing the applicant, asked the Council that the zoning case be postponed until the Mayor could be present. Councilmember Linn moved that the Council postpone the zoning hearing until Mayor Friedman was present. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmember Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn Noes: None Absent: Mayor Friedman ZONING HEARINGS MRS. MAUDE RAMSEY By Malcolm Robinson C14-75-087 4510 Avenue A, and the rear of 4503 Guadalupe Street (Tract 1) and 4509-4529 Avenue A, also bounded by West 46th Street (Tract 2) From "A" Residence To 1st Height and Area "C" Commercial Ist Height and Area (Tract 1) and "B" Residence 1st Height and Area (Tract 2) NOT Recommended RECOMMENDED "B" Residence, 1st Height and Area by the Planning Commission, subject to five feet of right-of-way on Avenue A; and deny "B" 1st Height and Area on Tract 2, but grant "BB" Residence 1st Height and Area subject to a special permit Mrs. Ramsey noted that her attorney was not present but that she would answer any questions of the Council. She stated that she would accept the recommended zoning changes, but she was reluctant to agree with giving the 5 foot strip on Avenue A. If the 5 feet were taken off the property, she felt it would be detrimental to the property. City Attorney Don Butler commented that the recommendation had been made on the basis that more intensive use might require a wider street. Mr. Lillie stated this was always the reason right-of-way is requested by the staff and the Commission due to the fact that more intensive land use does generate more traffic for a street. Councilmember Linn moved that the Council grant "B" Residence, 1st Height and Area, subject to conditions on Avenue A; and "BB" Residence, 1st Height and Area District on Tract 2, subject to conditions, as recommended by the Planning Commission. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman _ CITY OF AUSTIN, TEXAS October 2, 1975 1035 The Mayor Pro Tem announced that the change had been granted to "B" Residence, 1st Height and Area District on Avenue A, subject to conditions; and "BB" Residence, 1st Height and Area District on Tract 2, subject to conditions, and the City Attorney was instructed to draw the necessary ordinance to cover. --------- NORTH AUSTIN LIONS CLUB By J. Lewis Beck C14-75-090 3703-3709 West Avenue From "A" Residence 715-721 West 38th Street 1st Height and Area To "LR" Local Retail 2nd Height and Area (Tract 1) and "0" Office 1st Height and Area ! i (Tract 2) NOT Recommended RECOMMENDED by the Planning Commission "LR" Local Retail, 2nd Height and Area on Tract 1 excluding the southern fifty feet, and "0" Office, lst Height and Area on Tract 2 and the southernmost 50 feet of Tract 1, subject to prohibited access to Maiden Lane and a privacy fence along the southern boundary of Tract 2. Mr. Bill Williams, a member of the North Austin Lions Club, stated that Mr. Beck was unable to be present, but the Lions Club was agreeable to the recommendation of the Commission. Councilmember Himmelblau commented that she hoped that there would not be any construction until 38th Street was completed and widened. Mr. Williams felt this would be the situation until other facilities were completed. Councilmember Linn moved that the Council grant "LR" Local Retail, 2nd Height and Area District on Tract 1, excluding the southern 50 feet; and "0" Office, 1st Height and Area District on Tract 2 and on the southernmost 50 feet of Tract 1, subject to conditions, as recommended by the Planning Commission. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman The Mayor Pro Tem announced that the change had been granted to "LR" Local Retail, 2nd Height and Area District on Tract 1, excluding the southern 50 feet; and "O" Office, 1st Height and Area District on Tract 2 and on the southernmost 50 feet of Tract 1, subject to conditions, and the City Attorney was instructed to draw the necessary ordinance to cover. : CITY OF AUSTIN, TEXAS October 2, 1975 AUSTEX DEVELOPMENT COMPANY, LTD. By Louis Buffalo Pass, Stassney Lane and Westgate Boulevard Kirchofer, Jr. C14-73-010 1036 From Interim "A" Residence 1st Height and Area To 118 attached single-family dwelling units with common open space and recreation area called "Cinnamon Hollow", a revised Planned Unit Develop- ment. RECOMMENDED by the Planning Commission Mr. Leo Dansey, representing Austex Development Company, suggested to the Council that the site had been approved for 150 units about 2 years ago, but the developer had decided to reduce the density of the property to 118 units. In response to Councilmember Himmelblau's question, Mr. Dansey stated the density would be 6.06 units per acre. The Planning Commission has viewed the plan and the owner is complying with the requests of the Commission. In response to Mayor Pro Tem Snell's question, Mr. Dansey noted that anyone would be able to buy property in the proposed area. Mr. Lillie informed the Council that there had been notification to the neighborhood groups concerned and that 5 people had written objections but there has not been additional correspondence since the Planning Commission meeting. Councilmember Himmelblau moved that the Council grant the revised Planned Unit Development, as recommended by the Planning Commission. The motion, seconded by Councilmember Linn, carried by the following vote: i Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell Noes: None Absent: Mayor Friedman The Mayor Pro Tem announced that the change had been granted to a Planned Unit Development, as revised, and the City Attorney was instructed to draw the necessary ordinance to cover. WALTER W. FONDREN By W. T. Carson C14-75-005 Rear of 5207-5711 East Riverside Drive From Interim "A" Residence 1st Height and Area Το 662 attached single-family dwelling units with common open space and recreation area, called "Towne View", a Planned Unit Development. RECOMMENDED by the Planning Commission Mr. Lillie stated that requirements have been met to decrease the density on the edges of the project which were of some concern to the Commission. - CITY OF AUSTIN, TEXAS October 2, 1975 1037 In response to Councilmember Hofmann's question, Mr. Lillie commented that there are no legal requirements to notify because there is no zoning outside the City limits. But it is requested that notices be sent to property owners that are adjacent, as a courtesy. Councilmember Hofmann stated that she was concerned with there being only 2 driveways going onto Riverside Drive and the increased density on the crossing that would empty onto Riverside Drive. Mr. Lillie pointed out that all of the projects are reviewed by the Urban Transportation Department and in this particular development they did not feel that the density proposed by this project would impact Riverside Drive as planned. As regards notification Mr. Lillie noted that in all cases people concerned are notified whether inside or outside the City limits. However, this project did get by without notification because it was in another school district. Mr. Bill Scudder, representing the applicant, reviewed the property with the Council. In referring to Councilmember Hofmann's questions, he commented that the driveways would be more than adequate to accommodate the automobiles that would result from the units. He noted that before the units would be finished and occupied, that the expansion of Riverside Drive would be completed. As for the existing residents and the effect of the project, it was pointed out that the units would be owner occupied housing and would not destroy the quality of life. In response to Councilmember Himmelblau's question, Mr. Scudder stated that the density would be about 7.5. Councilmember Himmelblau moved that the Council grant the change to a Planned Unit Development, as recommended by the Planning Commission. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmembers Lebermann, Trevino, Mayor Pro Tem Snell, Noes: Councilmember Himmelblau Councilmember Linn Abstain: Councilmember Hofmann Absent: Mayor Friedman The Mayor Pro Tem announced that the change had been granted to a Planned Unit Development, and the City Attorney was instructed to draw the necessary ordinance to cover. Mayor Friedman entered the Chambers at this time. JOSEPHINE VISCARDI C14-75-086 1st Height and Area 1606 West 12th Street, and the rear of 1605 Waterston Avenue From "A" Residence To "0" Office 1st Height and Area NOT RECOMMENDED Mr. Lillie informed the Council that this application was to provide space for parking, and the staff and Planning Commission felt that the rezoning would be an encroachment into the small neighborhood. Since "B" Residence zoning for parking is not in the ordinance, there would have to be "0" Office District for parking. CITY OF AUSTIN, TEXAS October 2, 1975 1038 Mrs. Viscardi stated she had asked for a "B" Residence District zoning but was informed that she couldn't get this type of zoning and would have to have "O" Office District. She commented that she was not trying to change the zoning on 12th Street, but was concerned with the driveway that comes in off of 12th Street. Her main concern was a way to keep the cars off the street by using her backyard as a small parking area. Mr. Lillie pointed out that variance could not be granted because off street parking is required to have "0" Office District. Therefore, the backyard could only be used for personal parking. Reverend Wooley Soland, pastor of Sweethome Missionary Baptist Church, opposed the request for rezoning for the same reasons as the staff and Planning Commission. Even if the backyard was used for parking, he felt that it would not eliminate the problem of cars parking on the street. Mayor Pro Tem Snell moved that the Council DENY the change of zoning. The motion, seconded by Councilmember Linn, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None The Mayor announced that the change had been DENIED. RUBEN H. JOHNSON By Tom Curtis C14-75-085 601-607 West 15th Street, also bounded by Nueces Street From "O" Office 2nd Height and Area Το "LR" Local Retail 2nd Height and Area RECOMMENDED by the Planning Commission, subject to restricting the zoning to the use and design as shown on the plans submitted by the applicant and which are with the City of Austin Planning Department. Mr. Lillie noted that the conditions were agreeable to the applicant. The important trees will be retained and the building is low profile. The plan was reviewed by the Planning Commission and the zoning was recommended subject to the conditions. Councilmember Himmelblau moved that the Council grant the change to "LR" Local Retail, 2nd Height and Area District, as recommended by the Planning Commission, subject to conditions. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmember Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: Councilmember Linn Abstain: Councilmember Lebermann* *Councilmember Lebermann abstained due to his wife being on the Board of Directors. ! : i ! CITY OF AUSTIN, TEXAS October 2, 1975 1039 The Mayor announced that the change had been granted to "LR" Local Retail, 2nd Height and Area District, and the City Attorney was instructed to draw the necessary ordinance to cover. CONSIDERATION OF A CONTRACT Councilmember Linn moved that the Council adopt a resolution authorizing a contract between the Texas State Library and the City of Austin in the amount of $46,292 for the purchase of library materials and the establishment of the Central Texas Library System Coordinator's Office. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmember Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn Noes: None EXTENSION OF A CONTRACT Councilmember Linn moved that the Council adopt a resolution authorizing extension of a contract of the Pro-Manager of Morris Williams Golf Course for one year in accordance with existing contract. The motion, seconded by Mayor Pro Tem Snell, carried by the following vote: Ayes: Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Mayor Pro Tem Snell commented that he would like the Manager to extend the job opportunities to everyone. AUTHORIZATION OF CASH SETTLEMENTS IN LIEU OF REFUND CONTRACTS Councilmember Trevino moved that the Council adopt a resolution authorizing 60%/40% cash settlements in lieu of Refund Contracts for the Water and Wastewater Mains installed in certain subdivisions as authorized by City Council action on September 18, 1975 $13,872.38. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Trevino, Mayor Friedman Noes: Councilmember Linn APPROVAL OF A CHANGE ORDER Councilmember Linn moved that the Council adopt a resolution approving a Change Order to Thompson Pipe and Steel Company in the amount of $8,633.00, for engineering design changes in the circulating water system at Decker No. 2. The motion, seconded by Councilmember Lebermann, carried by the following vote: ! _ CITY OF AUSTIN, TEXAS October 2, 1975 1040 Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell Noes: None APPROVAL OF A CHANGE ORDER Councilmember Linn moved that the Council adopt a resolution approving a Change Order to Austin Engineering Company in the amount of $12,758.50, for additional required storm sewer in the St. Johns Area Development Phase I. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmember Himmelblau Noes: None In response to Councilmember Himmelblau's question, Mr. Homer Reed stated that the engineers decided to include this item in the existing contract instead of including it in the next contract and thereby eliminating the need for the subcontractor to do the work. CONTRACTS AWARDED Councilmember Lebermann moved that the Council adopt a resolution awarding the following contract: P. A. STARK COMPANY Route 8, Box 369-B Austin, Texas - Street and Drainage Improvements - Rundberg Lane from Lamar Blyd. to Mearns Meadow Blvd. - $64,845.00. The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None Councilmember Lebermann moved that the Council adopt a resolution awarding the following contract: TENSION STRINGING EQUIPMENT COMPANY Shreveport, Louisiana - Truck Mounted Hydraulic Puller Tensioner, Vehicle & Equipment Services Department. Item 2 - $20,263.00 Mr. Reed noted that this was the second lowest bid. It was felt that the lowest bidder could not guarantee that there would be parts available, and they had not manufactured this type of product before. The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None CITY OF AUSTIN, TEXASOctober 2, 1975 1041 Councilmember Lebermann moved that the Council adopt a resolution awarding the following contract: SPECTRAMETRICS, INC. 206 Andover Street Andover, Massachusetts Spectrometer, Water and Wastewater Treatment Division. Item 1 - $20,405.00 Mr. Curtis Johnson stated that the item would be used mainly by the laboratory and wastewater treatment division to enforce the industrial waste ordinance and in analyzing drinking water. The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None Councilmember Lebermann moved that the Council adopt a resolution awarding the following contract: CENTRAL TEXAS EQUIPMENT CO. 127 East Riverside Drive Austin, Texas - 6" Trailer Mounted Sludge Pump, Vehicle & Equipment Services Department. Item 1 $5,450.00 The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None Councilmember Lebermann moved that the Council adopt a resolution awarding the following contract: WESTINGHOUSE ELECTRIC CORPORATION 201 North St. Mary's Street San Antonio, Texas - Replacement parts, stem valves, bushings, rings and springs, for generators, Units Nos. 1 and 3, Holly Power Plant, Electric Utility Department Items 1 thru 5 - $17,694.48 The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None Councilmember Lebermann moved that the Council adopt a resolution awarding the following contract: _ CITY OF AUSTIN, TEXAS October 2, 1975 1042 INTERNATIONAL BUSINESS MACHINES CORPORATION 1609 Shoal Creek Boulevard Austin, Texas - Extended Term Plan Lease, Disk Storage Control Unit, Data Systems Department. Two-year extended lease Plan. Item 1 - $1,835.00 per month. Total - $44,040.00 In response to Mayor Pro Tem Snell's question, Mr. Solon Bennett commented that the equipment being purchased would have to function with existing equipment which is IBM equipment. The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Friedman, Councilmembers Himmelblau, Hofmann Noes: Mayor Pro Tem Snell Councilmember Linn pointed out that a number of the companies do not have minority people or women employed or none in administration or professional positions, and asked if there was any way to encourage companies to have an Affirmative Action Program. Mr. Bennett noted that they do work with the Human Relations Commission regarding this and if the Commission is not satisfied with the work force report that has been submitted, then there are no contracts awarded to the firms. City Attorney Don Butler stated that the federal government would handle the requirement of having an Affirmative Action Program. Mayor Friedman suggested to Mr. Bennett that possibly he could meet with the Human Relations Director, Mr. Bill Stewart, and send the Council a sample of what is being sent and the kinds of statements sent back from the Human Relations Commission. APPLICATION FOR A CONTINUATION GRANT Councilmember Trevino moved that the Council adopt a resolution authorizing the continuation grant from the Governor's Office of Traffic Safety which will provide partial funding for the City's Safety Office. The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann Noes: None ACCEPTANCE OF LOAN AND SCHOLARSHIP FUNDS Councilmember Linn moved that the Council adopt a resolution authorizing the acceptance of $9,874.00 of loan and scholarship funds available under the Nursing Student Assistance Program of the Department of Health, Education and Welfare. The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmember Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn Noes: None -CITY OF AUSTIN, TEXAS October 2, 1975 1043 SUBMISSION OF A REQUEST Councilmember Trevino moved that the Council adopt a resolution authorizing the submission of a request to the Texas Criminal Justice Division for the Project entitled "In-service Training for Austin Police Department." (Program period December 1, 1975 through December 31, 1976; Total cost $9,103.50 Texas Criminal Justice Division support) The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None ACCEPTANCE OF A GRANT AWARD Councilmember Linn moved that the Council adopt a resolution authorizing acceptance of a grant award from the Texas Criminal Justice Division for the project entitled "Austin Rape Crisis Center". (Program period October 1, 1975 through September 30, 1976; Grant amount $24,814.00) The motion, seconded by Councilmember Lebermann, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Lebermann, Linn, Trevino, Mayor Friedman Noes: None SELECTION OF A CONSULTANT FOR MOPAC CORRIDOR STUDY In response to Councilmember Hofmann's question, Mayor Friedman noted that the Environmental Board was not involved in this study because it was not in their realm. Mr. Homer Reed stated that in the preliminary scope of study outline the environmental requirements were included as a part of the study. The acting Director of the Environmental Office was not one of the interviewers for the selection of a firm. Mr. R. W. Halsted, project administrator, engineering, of the Construction Management office, felt that all the firms interviewed were well-qualified, and each had a special amount of experience in dealing with the public. Mr. Thurman Blackburn, representing the Greater Northwest Communities Council, informed the Council that the group he was representing had gone on record in asking the Council to allow the participation and input of the County of Travis in the study. Mayor Friedman commented that he had read the resolution sent by Judge Renfro and he felt that it was too restrictive and was not feasible at this time to accept all the conditions of the County. Mr. Reed added that the Highway Department had been asked to sit in with the possible consultants that were interviewed. There is no guarantee that the State will participate in the financial cost of the study, but Mr. Reed felt that they would. Mayor Friedman stressed that the firm nominated or any of the firms presented had met with support from the citizens as well as the City staff and Highway Department. As regards the resolution presented by the County, Mayor Friedman felt that the program needs to proceed as soon as possible, and then after the consultant has been selected, work with the County on any problems. CITY OF AUSTIN, TEXAS October 2, 1975 1044 : Mr. David Spillman, a citizen in Northwest Austin, was deeply concerned that the firm was out of town and out of state. He hoped that the firm would involve a citizen group that could address some of the concerns of citizens. Councilmember Linn moved that the Council select the following consultant for the MoPac Study: SKIDMORE, OWINGS & MERRILL 900 S. W. Fifth Avenue Portland, Oregon 97204 Mr. Howard L. McKee - Environmental Group Manager, Portland in association with ALAN M. VOORHEES & ASSOCIATES Westgate Research Park McLean, Virginia 22101 Mr. Thomas B. Dean, Vice-President & Mr. Steven Lockwood, Principal The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell Noes: None AUTHORIZATION TO SUBMIT A GRANT APPLICATION Councilmember Linn moved that the Council adopt a resolution authorizing a grant application to the Urban Mass Transportation Administration for 75% of the cost of particpation in the Advanced Transit Marketing Program (November 9-21). The motion, seconded by Mayor Pro Tem Snell, carried by the following vote: Ayes: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmember Himmelblau Noes: None SETTING SPECIAL COUNCIL MEETING Councilmember Lebermann moved that the Council adopt a resolution setting the Special Council Meeting for October 6, 1975, 10:00 a.m. to canvass October 4, 1975, election returns. The motion, seconded by Mayor Pro Tem Snell, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann 4 POSTPONEMENT OF A PUBLIC HEARING Councilmember Himmelblau moved that the Council postpone the scheduled public hearing on October 16, 1975, at 7:00 p.m. to establish a Code of Ethics for the City of Austin, to a date to be determined at the October 9, 1975, Council meeting. The motion, seconded by Councilmember Lebermann, carried by the following vote: _ CITY OF AUSTIN, TEXAS October 2, 1975 1045 Ayes: Councilmembers Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann Noes: None ZONING ORDINANCE Mayor Friedman introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND HEIGHT AND AREA AND CHANGING THE USE AND HEIGHT AND AREA MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: LOT 12, WOODWARD INDUSTRIAL DISTRICT SUBDIVISION, LOCALLY KNOWN AS 211 EAST ALPINE ROAD, AND ALSO BOUNDED BY WOODBURY AVENUE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "D" INDUSTRIAL, THIRD HEIGHT AND AREA DISTRICT, SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. (George R. Haberlin, Independent Executor of the Estate of Alma Tabb Harrell, C14-75-061) Councilmember Linn moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Mayor Pro Tem Snell, carried by the following vote: Ayes: Councilmember Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn Noes: None The Mayor announced that the ordinance had been finally passed. ORDINANCES TO REFLECT 7% COST OF LIVING INCREASE Mayor Friedman introduced the following ordinance; AN ORDINANCE AMENDING ORDINANCE NO. 681114-A BY REVISING THE BASIC PAY SCHEDULE THEREOF; AMENDING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilmember Lebermann moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Mayor Pro Tem Snell, carried by the following vote: Ayes: Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None The Mayor announced that the ordinance had been finally passed. =CITY OF AUSTIN, TEXAS October 2, 1975 1046 Mayor Friedman introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 740718-E BY REVISING THE BASIC PAY AND PROBATIONARY PAY FOR PERSONNEL OF THE POLICE AND FIRE DEPARTMENTS BY PROVIDING FOR INCREASES IN PAY THERETO TO ACCOMMODATE COST OF LIVING INCREASES; ESTABLISHING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilmember Lebermann moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Mayor Pro Tem Snell, carried by the following vote: Ayes: Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None The Mayor announced that the ordinance had been finally passed. AUTHORIZATION OF REFUND CONTRACTS Mr. Homer Reed asked the Council to withdraw Item #21 on the list of subdivisions to be considered for refund contracts due to a financial problem. There needs to be a new letter of credit provided or other arrangements made for the sidewalks, since they have not been built. Mayor Friedman felt that the subdivision had not conformed with the policy as established by the Council that everybody would be 100% completed by September 18, 1975. C CITY OF AUSTIN, TEXAS October 2, 1975 1047 Mr. Curtis Johnson, Director of Water and Wastewater, noted as regards the sidewalks the past policy has been that the sidewalks would be built as the development occurs on the particular property concerned. A letter of credit has been retained with the City covering construction of the sidewalks which were not already built, and this is where the problem results. Deputy City Manager Homer Reed asked that item #21 listed as Westover Hills, Phase 6, Section 3 and Mesa Drive Street dedication be deleted from consideration at this time. He stated that the Council had approved the 6 cash settlements and with the 22 subdivisions being considered for the refund contracts the total would be 28. There is some litigation pending on #29 of the original list that was approved, and this has been withdrawn. Mayor Friedman introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER OR THE DEPUTY CITY MANAGER TO ENTER INTO CERTAIN REFUND CONTRACTS WITH ANGUS DEVELOPMENT CORPORATION; AUSTEX DEVELOPMENT COMPANY, LTD., AND DELBERT E. McCULLOUGHB; BILL MILBURN, INCORPORATED; AUSTEX DEVELOPMENT COMPANY, LTD.; WILLIAM B. CARSSOW, TRUSTEE; NPC ASSOCIATES; RAYMOND E. MITCHELL; HIGHLAND LAKES NATIONAL MORTGAGE COMPANY; CAPITOL MORTGAGE BANKERS, INCORPORATED; PROVIDENT DEVELOPMENT COMPANY; AUSTIN CORPORATION; EDWARD R. RATHGEBER; JOE T. OGDEN AND JERRY N. WALLACE; TRAMMELL CROW COMPANY: TRAVIS WILLIAMSON; AND ZILKER ASSOCIATES, LTD. Councilmember Lebermann moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino, Mayor Friedman Noes: None The Mayor announced that the ordinance had been finally passed. The following were authorized: Subdivision 1. Angus Valley Annex, Section 2 Balcones Woods, Section 2 2. 3. Beaconridge II 4. Cherry Creek, Phase 4, Section 2 5. Cherry Creek, Phase 5, Section 1 6. Cherry Creek, Phase 6, Sections 1 and 2 7. Cinco Subdivision 8. Coronado East, Phase 3 9. 10. 11. Lambert Park Subdivision Forest North Estates, Phase 3, Section 2 Franklin Park 12. Meadowcreek Phase 1, Section 2 13. Meadowcreek Phase 2, Section 2 14. Mesa Drive Street Dedication #3 Amount $ 31,095.25 167,298.60 67,215.02 116,970.74 27,067.17 106,027.16 16,144.36 21,508.01 78,207.34 150,898.12 13,395.92 31,037.59 38,352.87 21,970.89 _ CITY OF AUSTIN, TEXAS October 2, 1975 1048 Subdivision Amount 15. Northwest Hills, Sections 14A and 14C $ 40,226.84 16. 17. 18. Rutland Drive Business Park, Section 1 19. Westgate Boulevard Street dedication 20. Westhill Estates, Section 1 21. Zilker Heights Subdivision Onion Creek Forest, Sections 3 and 4 Runnymede 51,931.97 26,340.83 30,752.10 10,422.48 18,828.10 15,254.19 Total $1,087,981.32 AFTERNOON SESSION 2:00 Ρ.Μ. Mayor Friedman called the afternoon session to order. ACQUISITION OF CERTAIN LAND FOR MOPAC EXPRESSWAY Mayor Friedman noted that the two tracts of land being discussed have been checked and the Highway Department has acknowledged that the City has the authorization to sign any plans and designs so that no construction will take place until the City authorizes the plans. Councilmember Himmelblau moved that the Council adopt a resolution authorizing the acquisition of certain land for MoPac Expressway subject to the City Manager or his designate not approving any plans unless authorized by the Council. The land involved will be the following: Two tracts of land being 0.49 and 0.21 of one acre out of that certain 384-acre tract out of the James P. Wallace Survey No. 18. (John Whatley) The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Trevino, Mayor Friedman, Mayor Pro Tem Snell Noes: Councilmember Linn Councilmember Himmelblau moved that the Council adopt a resolution authorizing the acquisition of certain land for MoPac Expressway subject to the City Manager or his designate not approving any plans unless authorized by the Council. The land involved will be the following: 2.27 acres of land out of that certain 5.58-acre tract out of Tract 5B, Mrs. A. B. Payton Estate. (Texas Emulsions, Inc.) The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Trevino, Mayor Friedman, Mayor Pro Tem Snell Noes: Councilmember Linn - CITY OF AUSTIN, TEXAS October 2, 1975 1049 AUTHORIZATION OF ONE-WAY STREETS Mr. Allen Brecher, Assistant Director for Traffic Engineering, stated that a request of the State Department of Highways and Public Transportation had been received and as a result of this request, he recommended that the City Council authorize establishment of the following one-way streets: ON FROM TO DIRECTION Winsted Lane Windsor Road West 6th Street Southbound Atlanta Street West 7th Street Lake Austin Blvd. Southbound Patterson Street Theresa Avenue West 6th Street West 5th Street Southbound West 6th Street West 8th Street Northbound Newfield Lane 300' South of Niles Road Northbound Campbell Street Oakmont Boulevard West 10th Street West 5th Street Westover Road West 6th Street Mohle Drive Northbound Northbound Slides were shown to the Council viewing the one-way streets. In response to Councilmember Linn's question, Mr. Homer Reed noted that in 1967 the Council approved the one-way streets in the Winsted Lane area, however, many of the people who now live in the area did not live there when the streets were approved by the Council. Mr. Reed stated that the City had contracted to approve the streets, and now the contract has to be fulfilled. Mr. Brecher recommended that Campbell Street be reverted back to a two-way street. On September 26, 1975, letters were sent to residents whose houses fronted on the proposed one-way streets. Mr. Brecher pointed out that parking restrictions were being installed on the MoPac side of several of the one-way streets. He did recommend that the Council act favorably on the one-way street request as a safety precaution in the areas of the facility. The oneway streets will discourage the possibility of motorists from entering the ramps and going the wrong way on the main lanes of the facility. The original plans called for one-way streets such as what is being recommended to the Council, and in order to insure proper safety it was felt that the plans be carried through at this time. Since the facility is new, Mr. Brecher felt that it was imperative that every safeguard be employed during the study period; and one of these safeguards would be the operation of the one-way as being proposed. Newfield Lane and Oakmont Boulevard were withdrawn and everything south of 11th Street. Mr. Homer Reed informed the Council that property owners and residents along the streets involved had been notified and if the Council desires, the one-way pattern can be coordinated with the opening and closing of the ramps as authorized by the Council during the course of the study. The exception to this would be that whenever the ramps open, that the portion of Winsted or Atlanta from 11th Street south be one-way. Also Mr. Reed asked the Council for the approval of Patterson Street and Theresa Avenue as one-way streets and to authorize him to work with the consultant and to make the remaining portions one-way as necessary to coordinate with the consultant's study. After meeting with the neighborhood groups concerned, Mr. Reed felt that they were in full accord with the recommendation. CITY OF AUSTIN, TEXAS October 2, 1975 1050 Mr. Jerry Keesee, a resident at 1905 Winsted Lane, noted that the letter of September 26, 1975, was only addressed to residents and people owning the property that do not live on the street were not notified. Mr. Ed Ramsey, Chairman of the Johnson Creek Neighborhood Group, stated his concern regarding the one-way streets. He urged the Council to be cautious in developing patterns of entrance and exits to MoPac along the area involved until it has been looked into more. Mr. Tom Pollard, a resident at 2005 Oakmont, informed the Council that several residents from his neighborhood had met with Mr. Brecher and others on September 17, 1975, and were assured at this time that notification would be given before anything would be done. He stated that his only notification was by reading the newspaper, and this was not proper notification. Councilmember Hofmann moved that the Council adopt a resolution approving the following one-way streets, as amended: ON FROM TO DIRECTION Winsted Lane South of 11th Street West 7th Street Southbound Atlanta Street West 7th Street Patterson Street West 6th Street Lake Austin Blyd. West 5th Street Southbound Southbound Theresa Avenue West 6th Street West 8th Street Northbound TWO-WAY STREET Campbell Street West 5th Street West 6th Street The motion, seconded by Councilmember Himmelblau's second, carried by the following vote: Ayes: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmember Himmelblau Noes: None ZONING HEARING Mayor Friedman stated that the following zoning case that had been postponed from the morning session would be heard at this time: AUSTIN PAPER COMPANY C14-75-092 8600-8700 Balcones Drive From Interim "A" Residence 1st Height and Area Το "GR" General Retail 1st Height and Area RECOMMENDED by the Planning Commission Mr. Dick Lillie, Director of City Planning, reviewed the area being considered and indicated that the staff and the Planning Commission recommended that the zoning be approved. _ CITY OF AUSTIN, TEXAS October 2, 1975 1051 Councilmember Himmelblau moved that the Council grant "GR" General Retail, 1st Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilmember Linn, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None The Mayor announced that the change had been granted to "GR" General Retail, 1st Height and Area District, and the City Attorney was instructed to draw the necessary ordinance to cover. APPEARANCE CONCERNING THE CITY EMPLOYEE ELECTION Linda Olrech appeared before the Council to discuss the request for a third alternative of "No Union" to be placed on the October 17, 1975, City employee election ballot and to present supporting petitions. She stressed that it was not fair to only have two alternatives on the ballot, and that a mistake had been made by not having a third alternative on the ballot of "No Union" at all. In talking with many City employees, she found that many were confused because of thinking that they must vote for one of the two unions. A petition was presented at this time showing that 826 City employees supported the third alternative of "No Union" being placed on the ballot. Various reactions that had been received from the Council were reviewed and Ms. Olrech stated that the issue is very important and it does matter to many City employees. Several of the City employees were present to show their support of the issue. She concluded her presentation by appealing to the Council for the opportunity of having a third alternative of "No Union" placed on the October 17, 1975, election ballot. In response to Councilmember Trevino's question, Ms. Olrech commented that she felt any action necessary after the election has taken place, would be a mandate to the Council if there was an overwhelming majority for the union. Mayor Friedman pointed out that no one is forced to join the union. Councilmember Trevino felt that the issue in question was whether the employees wanted dues check-off, not if they wanted a union. Ms. Olrech noted that many employees had not been asked if they wanted a union or not, and that they be given the opportunity to express their choice. Mayor Friedman stated that the City employees are not being forced to join the union and will never be forced to join or participate in anything they do not voluntarily choose to do. Councilmember Himmelblau commented that she felt the third alternative on the ballot would clear up a lot of confusion. Ms. Jo Gregory suggested that if there was an election and a minority of City employees voted a union, then the union should collect the dues, not the City. Mayor Friedman commented that the unions have always had this option, and are paying for any expense that the City incurs. Councilmember Linn stressed that this was a union election and was being financed jointly by the two unions involved and it was only pertinent to the people who wish to be in a union. CITY OF AUSTIN, TEXAS October 2, 1975 1052 Motion Councilmember Himmelblau moved that the third alternative of "No Union" be placed on the ballot for the October 17, 1975, election. This was seconded by Councilmember Hofmann. Roll call showed the following vote: Ayes: Councilmembers Himmelblau, Hofmann, Lebermann Noes: Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Linn, Trevíno The motion failed to carry by a 4 to 3 vote. APPEARANCE CONCERNING A STATISTICAL STUDY Mr. D. J. Johnston appeared before the Council and expressed that he felt that there had been a slight misrepresentation and requested that the Council accept a study that the Committee for a Safer Austin performed. He pointed out that the study showed a definite increase in DWI's after liquor franchises were extended. Mr. Pat Marcum, Chairman of the Committee for a Safer Austin, commented about the study that had been performed. The study included a 5-week period, consisting of 2 weeks prior to the late drinking hours going into effect, and then 3 weeks following the late drinking. As a result of the study, a decrease before the later hours went into effect was evident. During the period of time the later hours were in effect, the decrease was about 36%. After the bars reverted back on June 25, 1975, the three weeks following showed a decrease of 44.6% over 1974. A chart was displayed for the Council that showed the results of the study. Mr. Marcum then distributed photographs to the Council and noted that there was another problem that needed to be discussed. Mr. Guerrera, a citizen in East Austin, appeared before the Council expressing concern involving the later drinking hours. By extending the drinking hours to 2:00 a.m., he felt it would be very detrimental to his community. As shown by the photographs, several bars are located adjacent to homes and by extending the drinking hours would only make the present situation worse. He asked the Council to consider the present problems that need attention. Mr. Marcum stated that several of the residents in this area had been interviewed and they definitely indicated that there was a problem of loud noise, etc. In response to Mayor Pro Tem Snell's question, Mr. Marcum noted that he was not aware of the problem in East Austin, but because of the existing issue, it was brought to his attention. Mayor Pro Tem Snell pointed out that he did not feel that the burden should be shifted to East Austin, but should be all over Austin. Councilmember Linn commented that the decrease in 1974 and 1975 during the months shown was related to a population shift. In conclusion, Mr. Marcum noted that the survey that was done during the extended hours was not very indicative of anything as regards fewer arrests. The survey that was conducted by Mr. Marcum included 2 years prior to a town having the late hours and then 2 or 3 years following; therefore, he felt the survey was very thorough. ! : CITY OF AUSTIN, TEXAS October 2, 1975 1053 APPEARANCE TO DISCUSS MOPAC Mr. Thurman Blackburn appeared before the Council and on behalf of the Greater Northwest Communities, thanked the Council for the action in acquiring the three additional parcels of right-of-way for the extension of the frontage roads for MoPac. He presented a petition to the City Clerk with signatures of many people who had worked to have the remaining parcels purchased. HEARING ON THE ANNEXATION OF CERTAIN LAND Mayor Friedman opened the public hearing scheduled for 2:30 p.m. to consider the annexation of and directing the administration to institute annexation proceedings to annex the following: 168.80 total acres of land (Case No. C7a-75-008) 1. 48.74 acres of land out of the Robert Foster Survey, M. D. Williams Survey and William Bell Survey. Lakewood, Section 1. (Requested by Paul James & Associates, Engineers, for First Service Corporation, owner of Lakewood, Section 1) 2. 120.06 acres of land out of the Robert Foster Survey, M. D. Williams Survey and William Bell Survey. (Initiated by the City of Austin) Mr. Homer Reed stated that the area being considered was recommended by the staff for approval. Councilmember Lebermann moved that the Council close the public hearing and direct the administration to institute annexation proceedings to annex the aforementioned property. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Councilmember Trevino, Mayor Friedman, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn Noes: None HEARING ON STREET VENDORS LAWS AND MARKET CONTROLS Mayor Friedman opened the public hearing scheduled for 2:30 p.m. to discuss amendments and revisions to the street vendors laws and market controls. Mayor Friedman stated that the Council had received several options concerning which way is the right way to operate concerning the issue. He suggested starting with the proposal of Councilmember Linn and proceeding from there. Councilmember Linn indicated that there had been a meeting with several representatives and received a proposal from the elected members of the Vendors Association on 23rd Street and also received was a set of recommendations from the Arts and Crafts Guild. She noted that she had submitted a third proposal in case it was unconstitutional to limit one or another group from the 23rd Street area, At the present time, Councilmember Linn indicated that she was supporting the proposal of the Arts and Crafts Guild and that this would be her proposal. _ CITY OF AUSTIN. TEXAS October 2, 1975 1054 Mr. Martin Mayfield, representing the Austin Artists and Craftspeople's Guild, introduced the following proposal to the Council: "We, of the Austin Artists and Craftspeople's Guild propose that vending in the 23rd Street Market area be restricted to those vendors who sell only what they make." This proposal would be implemented through a new City ordinance comprised of the following points: 1. A Standards Committee shall be established by the City Council. The committee shall be made up of two artisans, one importer, and two members of the University community. The committee will receive applications from those people desiring to vend in the market area. Permits will be issued to those individuals whom the committee has determined have made everything that they intend to sell. October 15 shall be the deadline for the selection of a Standards Committee. Applications for vending permits should be submitted between October 15 and October 24. On October 25, letters would be sent notifying individuals who will be issued permits. Between the period of October 25 and November 1, permits can be purchased. November 1 would be the first market day under this proposal. Thereafter, the Standards Committee shall meet once a month to consider applications for permits as well as hearing grievances. 6 2. A crafts person is entitled to hold only one permit which would indicate on it the item or items permitted for display. A craftsperson is entitled to a maximum of two helpers who may aid in the creation of the craft item as well as vending. Permits may not be taken out in helpers' names. 3. The market area will be closed from the hours of 10:00 p.m. to 7:30 a.m. 4. The portion of 23rd Street between Guadalupe and San Antonio would be temporarily closed according the following schedule: Every remaining Saturday during October; every Friday and Saturday during November; every Monday through Saturday during December until Christmas. 5. The Red River Market area will be left available for all permit holders. A special permit would be made available to those who do not qualify for the 23rd Street area. Mr. Mayfield clarified one point concerning item 1 in the proposal. There was no mention of the present unexpired permits that are being used in the market. His proposal would be that the market be left as it is until November 1. The unexpired permits would be invalidated the last day of October, and the people that have these permits would receive a refund from the City. Councilmember Trevino questioned the reason for having an importer on the committee but not included in the proposal. Mayor Friedman felt if there was going to be a Renaissance market atmosphere of handmade goods, that it would be a good idea to have an importer on the committee to insure the authenticity of the handcrafted goods. CITY OF AUSTIN, TEXAS October 2, 1975 1055 Councilmember Trevino felt that it should be an open market and everyone should have a fair chance. Mr. Mayfield suggested that the permits be limited to people that make what they sell, not a limitation of permits. He noted that there were two distinct groups vending in the market area. There are those people that are primarily on a money trip and those that make what they sell and really have no other alternative. Mr. Mills Tandy, a photographer and vendor, presented a 7-part proposal to the Council as follows: 1. Remove the limits on the total number of spaces available in the City for vending, but to mark off and designate those sidewalks and streets and selling spaces they may include which may be used. 2. Change any City regulations that may prevent closing of streets for several days or weeks in succession. 3. Set up a supervisory board to review market affairs. Composition would be flexible. 4. Hire an administrator to carry out the policies of the supervisory board. 5. Establish advanced registration procedures to determine the amount of spaces needed on given days. 6. Set up a lottery to determine where each vendor will be located. Allowances should be made for special problems. 7. Restrict each artist or any other business operation to only one space. Enforcement of the above would be by the administrator and review board with the authority to disclose all business records and to examine merchandise in questionable cases. Mr. Mark Levbarg, representing a group of the licensees, presented an ordinance to the Council as follows: 1. Licenses will not be sold after October 15, 1975, until December 26, 1975, to allow people to obtain licenses but restrict the influx of one-time merchants. 2. To close 23rd Street to vehicles between 7:00 a.m. and 6:00p.m. each Saturday in October and each Friday and Saturday in November, and each day except Sunday in December. 3. The 8 foot by 8 foot provision would be reinstated. 4. Licenses would be one per person and it would suggest methods for limiting licenses so that one person would not own more than one. October 2, 1975 1056 _ CITY OF AUSTIN, TEXAS i C 5. A lottery system would be set to assign spaces. 6. A grievance procedure would be established as well as a fine procedure. Councilmember Trevino made the following proposal: 1. Closing of 23rd Street west from Guadalupe Street to Nueces Street from 7:30 a.m. until 10:00 p.m. on the following days: Every Saturday in October, beginning with October 11th; Every Friday and Saturday in November, beginning with November 1st; Monday through Saturday in December, beginning with December 1st. 2. The spaces resulting from this closing plus those already in existence are to be divided equally between artisans - craftsmen and all other vendors. The size of the spaces will be 8' x 8'. The perimeters of the spaces reserved for artisans-craftsmen will be bounded by a non-white paint color. The spaces reserved for all other vendors will continue to be bounded by white paint. 3. New licenses permitting sales in the market area will be issued and are to be color-coordinated with the painted spaces according to the vendor's trade. These licenses are to include recent photographs of the licensee, which are to be supplied by the applicant. These licenses must be displayed in a prominent and readily viewable location on the vendor's person. Any vendor occupying a space in the market area must possess such a license, which is non-transferable. 4. Use of these spaces will be determined by lottery, which will be conducted by the City. There will be lotteries for each of the above-named groups with only members of each group competing for a. space with each other. Six daily lotteries for each group will be conducted the weekend preceding the week for which the lotteries are to be effective. Participants in the lotteries must give notice of their desire to participate by noon on the Friday before the week for which the lotteries are to be effective, and all such participants must meet the criteria set forth in the ordinance. Results of the lotteries will be posted by noon on Saturday preceeding the week for which they are to be effective. A specified number of alternates for each group will also be chosen. 5. For those members of both groups who gain spaces in the market area, the following occupation times will be in effect: From 7:30 a.m. until 8:30 a.m., those vendors gaining a space through the lottery must occupy the space so designated for their use. At 8:30 a.m., and continuing until 9:30 a.m. those spaces that are not already occupied are to be filled by the alternates selected in the lottery. C CITY OF AUSTIN, TEXAS October 2, 1975 1057 At 9:30 a.m., all unoccupied space becomes available to members of either group on a first-come, first-serve basis. 6. At the market closing time, vendors must remove themselves, their wares and any additional equipment, such as tables, blankets, pillows and mats. 7. When applying for a license to sell in the market area, the applicant must produce a valid Texas sales tax license. This sales tax license must also be displayed in a readily viewable place at the point of sale. 8. There will be no limit on the number of licenses issued for the market area. 9. A seven-member citizen board will be established. The board will be composed of one artisan-craftsman, one member from the other group of vendors, the director of the Tax Department or his designated representative and four (4) persons, who are non-vendors, to be appointed by the City Council. The function of this board will be to determine for which of the two groups of vendors each applicant qualifies. 10. These regulations become effective November 1, 1975. The first lottery will be held October 31, 1975. follows: Pat Cuney presented a proposal to the Council at this time which was as That the Council seriously think about suspending the original drag vending ordinance until the first of January. Then the entire drag would be open and people could sell what they pleased. If this would not be possible, Ms. Cuney felt that the Council should repeal the ordinance. Mrs. Eugena Schock, a resident in the vending area, expressed that she was not adverse to the vendors but that she did not want 23rd Street closed. Mr. Lynn Breeland, Student Body Vice-President of the University of Texas, felt that the drag should be for the artists and craftspeople, and he would like to support this group. Bill Ware stated that he supported the artists and craftspeople, but definitely felt there should be a compromise between both groups. The importers should have an area as well as the artists and craftspeople. Mary Ann Mason, a vendor on the drag, commented that the market was a major sightseeing attraction and she felt the market could work to the benefit of all. She supported Councilmember Trevino's proposal and reviewed why the other proposals would be ineffective. CITY OF AUSTIN, TEXASOctober 2, 1975 1058 Rusty Korman supported Councilmember Trevino's proposal except for the lottery. He felt there should be a very strict committee to limit the license. Mike Wolverton, a metal sculpture on the drag, noted that the market could not succeed without the support of the importers. At this time he read a letter that he had written to Councilmember Linn which contained proposals that he felt would be alternatives to the problem. In conclusion, he pointed out the need for cooperation between both groups. Bob Right indicated he was not a vendor, but from his viewpoint he noticed the market had been infiltrated and was being misused by people who are distributing mass manufactured goods. He supported the separation of the two groups. Doug Christenson commented that he had been both importer and craftsman. He felt that all should work together in helping each other. Mr. Christenson noted there was not enough space and urged the Council to consider the proposals of Mr. Mark Levbarg and Councilmember Trevino. Tom Pollard felt that all the proposals presented have some merit and is sure some type of compromise will be reached. His concern was at Christmas and not having to spend the night sleeping on the drag, but be able to go home. Mr. Martin Mayfield discussed some of the points that had been brought up. He compared the Artists and Craftspeople Guild to a community organization, fighting for issues basic to them. As for the market closing without the importers, Mr. Mayfield felt this was not true. The artists and craftspeople could solely support the market. Helen Burkheart, an artist, stated she had been driven out of the market. At times, she had been threatened if she did not give up her space. She felt that the market was no place for the importers and that putting them on Red River would be a compromise. Barney Smith felt the market area was no longer conducive to the vendors. The products being sold by the importers could be found at any retail stores. He pointed out that through a bill of lading it could be determined if the goods were made by craftspeople or not. He supported the market being for the Austin Artists and Craftspeople. Bob Erler reviewed the previous Council's action concerning the drag. His support was for the Austin Arts and Craftspeople Guild, and that the market be restricted to a certain extent. He felt that if certain ones moved to the Red River area, that this should be supported. Bob Heathman recently moved to the Austin area and bought a vendor's license, but he was unable to obtain a space. He urged that the two groups not be "lumped" together, but that the artists be supported as in other cities. Shuri Richnow, Chairman, Pi Phi House Corporation, was concerned with the side effects of the market area. She was concerned with the closing of certain areas because it would block the alley, and no emergency vehicles could get into the area. Also she noted, several people were sleeping on the property as well as blocking the parking area around the apartments. Whatever the compromise is, Ms. Richnow stressed the closing of the market earlier, and if the street is closed, that it be on a temporary basis. ! 0-1 CITY OF AUSTIN, TEXAS October 2, 1975 1059 Phillip Bright said he was not a vendor at the present time, but was concerned about the lottery. He felt that the lottery would not solve the existing problem. Richard Alexander, a student and vendor, would like to see the street open for vending. There should be a limitation of spaces, such as one space per business. Also, Mr. Alexander was in support of a curfew, and felt that the importers would compromise. Walter Faulk stated that if the City is going to remain committed to the free market, he asked that they guarantee free expression. He hoped that whatever decision was reached, it would allow as many people as possible to develop an alternative life style. Bob Gotchol, a vendor and an artist representative for the Board of Directors of the Texas State Arts and Crafts Foundation, stated that the Board was trying to promote arts and crafts in the state as well as producing a directory to show arts and crafts activities in the state. With the present situation on the drag, it does not qualify to be in the directory. He did not feel the drag could continue as long as the current situation was existing. He supported the arts and craftspeople. Margaret Wright, a former vendor, stated she had left the drag because of the importers, and urged the Council to support the Artists and Craftspeople Guild. Alice Roberts showed slides of various crafts that could be found on the drag. She felt that the importers should have an area on Red River which they could use to display their goods. Norm White also supported the craftspeople and felt the importers had the money to set up their market elsewhere. He urged the Council to support the craftspeople. Rena Madina, a student and importer, referred to comments made concerning the importers taking over the drag. He felt this was not true, that they were only trying to support themselves. Jeff Jones was opposed to a lottery and felt that licenses should be abolished, spaces should be guaranteed and 23rd Street should be for the importers and the drag for the artists and craftspeople. David Whitehill offered suggestions to the problems. He presented the Council with a proposal that would allow most of the importers and craftspeople to use the area. Maggie Cook, a jeweler, felt reluctant to sell on the drag due to the existing conditions. She noted that in addition to being a jeweler, she also teaches others the art of making jewelry. If the arts and craftspeople are not supported, she felt there would not be a place for them to go. John Kline pointed out that the craftspeople should hire salesmen to help them with their goods. He felt the importers did bring people to the drag, and it would be an injustice to not have them. C - CITY OF AUSTIN, TEXAS October 2, 1975 1060 Sharon Easterbrook stated that a product does not have to be made in Austin by a vendor to be a quality product. She did not see anything wrong with buying products wholesale and selling them on the drag. J. R. Helton commented that he felt that the Council had not been out to the drag, except for Mayor Pro Tem Snell. He did not believe that people should be told where they could sell. Susan Rain, an importer, felt that it was a mistake to represent the market area as being primarily for artists and craftspeople, because at one time there were quite a few importers on the drag. She felt that the consumer was proof that the importers were welcome on the drag. Judy Vandizandi expressed she had not encountered some of the problems that had been mentioned, but did feel that a lottery was necessary. John Tillman suggested that the consumer should be one to make the decision as to what they want to buy. The problem of intimidation is something that needs to be examined. Lloyd Chapman commented that the arts and craftspeople could sell their goods in other places, but that the importer could only sell on the drag. He felt that the people on the drag did not represent storefronts. Mark Levbarg stressed that he was willing to work toward any compromise in the public interest. He felt that any proposal that segregates the markets will eventually work to the disadvantage of both parties concerned. Tom Slick felt the Red River was not going to be a good market for anyone, especially after purchasing a license with the understanding that there would be a place to sell your product. Avey Goldburg pointed out that the police should be the ones consulted regarding any violence occurring on the drag. Mayor Pro Tem Snell stated that his presence on the drag was to try and help everybody. Lee Starbuck noted that at one time the drag was a good place for beginners, but that it was not this way now. He felt there was a lot of talent and the people needed a place to sell their arts and crafts. Councilmember Himmelblau asked that the report from Urban Transportation on the closing of 23rd Street for more than Saturday be given. Mr. Allen Brecher, Assistant Director of Traffic Safety Engineering, indicated that if the street was closed for more than just Saturday, there would be no problem. He did state that local access would have to be maintained. Mayor Friedman noted that the main thing that needed to be remembered was that the alley between Guadalupe and San Antonio would have to remain open for the businesses and emergency vehicles. _ CITY OF AUSTIN, TEXAS October 2, 1975 1061 Councilmember Himmelblau commented that she had very mixed emotions concerning the situation. There have been licenses sold so it is a very difficult decision. She stated that eventually she would like to see the area made into a permanent arts and crafts facility. City Attorney Don Butler pointed out that there was a problem with terminating the licenses abruptly; but if there is just a change of regulations without "cutting off" their rights altogether, this would be different. Councilmember Himmelblau indicated that she did not want to see 23rd Street closed past San Antonio. She asked that it be left open between San Antonio and Nueces as well as leaving the boundaries as they are now defined to the alley. Also some hours and regulations are necessary. Mayor Pro Tem Snell felt that the permits should be limited to one per business, and the lottery system installed. He stated that everyone should be willing to work together and reach a true and fair decision. Councilmember Trevino informed the Council that he would like to present his proposal in the form of a resolution so the Legal Department could review it. He also asked that Mr. Mayfield and Mr. Levbarg be included in having input into the proposal. ? Motion Councilmember Trevino reviewed his previous proposal for the Council and Councilmember Lebermann seconded this proposal. Substitute Motion Councilmember Linn stated that the market place should not be limited, but it should be open. She moved that the proposal of the Austin Artist and Craftspeople Guild be accepted. This was seconded by Councilmember Hofmann. Amendment to Original Motion Councilmember Himmelblau offered an amendment to Councilmember Trevino's motion, whereby the boundaries would stop at San Antonio Street except for up to the alley between San Antonio. Councilmember Trevino accepted the amendment. Councilmember Lebermann seconded the amendment. Councilmember Himmelblau did feel that after the Christmas season, she would like to see the market set aside for arts and crafts. Roll Call on Substitute Motion Roll Call on Councilmember Linn's substitute motion, Councilmember Hofmann's second, showes the following vote: Ayes: Councilmembers Hofmann, Linn, Mayor Friedman Noes: Councilmembers Himmelblau, Lebermann, Trevino Abstain: Mayor Pro Tem Snell The motion failed to carry by a 3 to 3 vote. : 그 _ CITY OF AUSTIN, TEXAS October 2, 1975 1062 Roll Call on Motion as Amended Roll Call on Councilmember Trevino's motion, Councilmember Lebermann's second, showed the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Lebermann, Trevino Noes: Mayor Friedman, Councilmembers Linn, Hofmann The motion carried by a 4 to 3 vote. ن ADJOURNMENT The Council adjourned at 6:05 p.m. ATTEST: City Clerk APPROVED Mayor